Erinn Contreras and Julia Anderson | Sheppard Mullin Retention payments are a longstanding practice in construction contracts, serving as a form of financial security for project owners to ensure proper and timely completion of work. It is typical for Owners in private work contracts to withhold up to ten percent (10%) from each payment owed… Continue reading California’s SB 61: New Limits on Retention Payments in Private Construction Contracts
California Construction Sites Face Uncertainty With New Fall Protection Rules
Kevin Bland, Adam Crane and Karen Tynan | Ogletree, Deakins, Nash, Smoak & Stewart The California Occupational Safety and Health Standards Board (Cal/OSHA Standards Board) authorized a limited advisory committee to consider clarifications and training requirements for interior framing work, opening the door to further dialogue and clarification of the new fall protection rules. At… Continue reading California Construction Sites Face Uncertainty With New Fall Protection Rules
No Coverage for Claim Made During Policy Period but Reported After Policy Period
Andrea Martinez | Wiley Rein The U.S. District Court for the Southern District of Illinois, applying Illinois law, has held that there is no coverage under a claims-made policy for a claim made during the policy period but reported after the policy period expired. Berkley Ins. Co. v. Caraway, 2025 WL 3280220 (S.D. Ill. Nov. 25,… Continue reading No Coverage for Claim Made During Policy Period but Reported After Policy Period
Legal Q&A: Who is Responsible for Construction Defects?
Cody Schneider | Peckar & Abramson Q. We completed a large commercial office project a few years ago, and defects are emerging with multiple trades. Their contractual warranties were for a year. Is there any way to force them back to correct their work even though we are past the year? A. Even though the… Continue reading Legal Q&A: Who is Responsible for Construction Defects?
To Settle or Not Settle: Factors to Weigh and Practical Considerations
Gerard J. Onorata | Peckar & Abramson Deciding to settle a construction dispute is often wrought with difficulty, requiring the decision maker to evaluate a number of factors. Nevertheless, there are no hard and fast rules that apply when advising a party whether or not they should settle a dispute. Yet the vast majority of… Continue reading To Settle or Not Settle: Factors to Weigh and Practical Considerations